1. ABOUT US AND BUTTN
1.1 Buttn as a service (and the content available via our mobile app) is owned, developed, operated, licensed and distributed by Buttn Global Limited, a company registered in England, having its registered office at 1st Floor, 1-3 Sun Street, London, EC2A 2EP (“we”, “us”, “our” or the “Company”). The service delivered and the content, tools, transactions available from the service or app referred to as Buttn, are collectively referred to as the “App” or the “Service”.
1.2 The App is a mobile application that provides fitness training services by connecting personal trainers (“Trainers”) with clients.
2. THE CONTRACT
2.1 These terms and conditions (the “Terms") are entered into between the Company and you, a registered user of the App ("you", “user” or “Client”).
2.2 The Terms outline the terms and conditions under which you will access and use the fitness training services via the App.
2.3 Your access and use of the Service constitute your agreement to be bound by these Terms and Conditions of Service (the “Terms”), which create a legally binding contract between you and the Company. You agree to use the App in accordance with these Terms. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. If you do not agree to comply with and be bound by with the Terms, you are expressly prohibited from using the Service.
2.4 Supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference.
2.5 Any translation from the English version of these Terms is provided for your convenience only. In the event of any difference in meaning or interpretation between the English version of these Terms and any translation, the English version will prevail.
3.1 All fitness services or workouts offered to view or take part in on the App (“Workouts”) will be available to you in accordance with these Terms and subject to the following:
3.1.1 the Workout requested will be available to purchase and will be available at the time and on the date when it is scheduled to start (as detailed in the information we provide in the App); and
3.1.2 we will use all reasonable endeavours to procure that the Trainer makes such Workout available and starts it at the time it is scheduled to start, but the start may be delayed either by overrun of a previous Workout or by other circumstances.
3.1.3 Any delay to the Start Time (as defined below) of any Workout will not normally exceed 15 minutes but if the start is delayed by more than that period then you may be entitled to a refund in accordance with condition 10.
3.1.4 For the avoidance of doubt, we do not supply or arrange for you to use any gym or other exercise or training equipment, but the relevant Trainer may tell you the type/s of equipment that you will or might need to take part in a Workout. All equipment that you may need will be at your own cost.
4.1 General Notice: we may update our Terms from time to time to reflect changes in our Service, applicable laws, or for other reasons. When we make any changes, we will notify you through one of the methods outlined below. You should review the updates to the Terms before continuing to use our Service. Your continued use of the App after any such changes signifies your acceptance of the updated Terms.
4.2 Notification Methods: we will make reasonable efforts to alert you about changes, including, but not limited to:
4.2.1 In-App Notification: we may display a notification within the App or send a message when you log in;
4.2.2 Email Notification: if you have provided us with your email address, we will send an email to the address associated with your Account (as defined below); and/or
4.2.3 Website Notice: we may post a notice on our website.
4.3 Review and Acceptance: it is your responsibility from time to time to review the Terms to stay informed of updates. You will be subject to, will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.
4.4 Effective Date: the updated Terms are effective from the date specified in the notice, which will be no less than 5 days after the notice is provided. This gives you time to review the changes before they take effect.
4.5 Contact Information: if you have questions or concerns about the changes or require further information, you can contact us at: support@buttn.com.
5. IMPORTANT DISCLAIMERS
5.1 The Company does not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counselling, testing, evaluation, prescription, procedure or therapy related to exercise, nutrition, weight loss or wellness nor any service related to the avoidance, prevention, diagnosis or treatment of any injury, illness, disease or condition.
5.2 The Service may not be appropriate for all people and is not a substitute for professional healthcare services. The Service is only intended to be used to facilitate fitness goals with input and effort from you.
5.3 You acknowledge and agree that exercise involve risks, which may involve risk of bodily injury or death, and that you assume those risks before accessing or using the Service and agree to release and discharge the Company from any and all direct or indirect claims or actions, known or unknown, arising out of your use of the Service, insofar as is permitted by and not excluded by applicable law.
5.4 You should consult with your physician or other qualified healthcare professional to determine whether the Service and the services offered on our Service would be safe and effective for you.
5.5 You are expressly prohibited from accessing or using the Service against medical advice or if doing so might pose any health risk to you. In this context, you acknowledge that you take full responsibility for your health, life and well-being.
5.6 If you are pregnant and wish to take part in any antenatal exercise classes, you must check with your doctor or midwife before you do so, providing them with details of the proposed exercise and ensuring that you are only exercising in line with their advice.
5.7 To the maximum extent permitted by applicable law, you expressly acknowledge and agree that we are not providing medical advice via the Service. All content provided through the Service, whether provided by us or third parties is not intended to be and should not be used in place of: (i) the advice of your physician or other healthcare professionals; or (ii) a visit, call or consultation with your physician or other healthcare professionals.
5.8 To the maximum extent permitted by applicable law but subject to condition 16.3, we exclude all liability for any health problems or injuries that may result from training programs, consultations, products, fitness equipment or events you use or learn about through the Service. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
5.9 Your use of the Service does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and the Company.
5.10 The Company does not warrant that any of the information or content contained in the App will be accurate or error free and the Company does not assume any liability for inaccuracies or misstatements about food recipes, exercises, or other content on the Service, where such content is created by third parties.
5.11 You should carefully read and understand all information provided by the manufacturers of any food products referred to in the App, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen, contact information, and health claims, before using or consuming a product. For additional information about a food product, please contact the manufacturer directly.
5.12 We make no guarantees concerning the level of success you may experience, and you accept that results will differ for each individual. The testimonials and examples that may be provided on the Service are intended to provide information only and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that previous fitness results can be duplicated in the future. We cannot guarantee your future results and/or success, nor can we guarantee that you maintain the results you experience.
5.13 ou acknowledge and agree that each individual’s success will depend on his or her dedication, desire, and motivation, as well as physical strength and body composition. As with any fitness-related Service, your results may vary, and will be based on many variables, including, but not limited to, your base line fitness level and physique, your individual physical capacity, your unique health and genetic profile, and your level of commitment. You are responsible for any success or failure in your fitness or physical goals in relation to your use of the Service and the Company is not liable for any such success or failure, directly or indirectly.
6. USE OF THE SERVICE; YOUR ACCOUNT
6.1 In order to use the Service and purchase any Workouts, you will first need to set up and then maintain an account with us (“Account”). The App will guide you through the process of setting up an Account.
6.2 During the process of setting up an Account, you will be required to choose a password and username. We recommend that you choose a strong password for your Account.
6.3 You will be asked for additional information regarding your Account, such as your e-mail address.
6.4 You must not share your Account or your Account details with anyone. If you believe that your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account.
6.5 If you use the Service, you represent and warrant to the Company that all information you submit is truthful and accurate. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
6.6 The Service is not intended to be used by individuals under the age of 18.
6.7 The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
6.8 The Service may be modified, updated, interrupted, or suspended at any time without notice to you.
7. APP STORES; USER CONTENT
7.1 You acknowledge and agree that the availability of our App is dependent on the third party from which you downloaded the App, e.g., the Apple App Store, and/or other app stores (collectively, the "App Stores" and each, an "App Store").
7.2 You agree to comply with, and your licence to use the App is conditional upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms and their own terms of use/service.
7.3 You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
7.4 You must have a stable internet connection to be able to access the App and the services provided on the App.
7.5 We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice.
7.6 From time to time, the App may require scheduled maintenance, updates, or enhancements, which may result in temporary unavailability or limited access to certain features or functionalities of the service. The Company shall not be liable for any inconvenience, loss, or damage arising from scheduled maintenance activities or any temporary unavailability of the App due to maintenance, updates, or enhancements.
7.7 You acknowledge and agree that during scheduled maintenance, the App may be unavailable or experience disruptions. Users are encouraged to plan their use of the App accordingly.
7.8 The Company has no obligation to provide you with customer support of any kind. However, you may contact us via support@buttn.com if you have any questions or issues with the App. We will aim to respond to you within 5 business days.
8. USER WARRANTIES; ACCEPTABLE USE
8.1 You represent and warrant that:
8.1.1 you have the legal capacity to enter into this legally binding contract with us;
8.1.2 you agree to comply with these Terms;
8.1.3 you are aged 18 or over;
8.1.4 you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
8.1.5 you will not use the Service for any illegal or unauthorised purpose;
8.1.6 your use of the Service will not violate any applicable law or regulation;
8.1.7 you will not allow any third party to use your account or provide them with your log-in details;
8.1.8 the Service is personal to you and you will not allow third parties to view and take part in any exercises and Workouts, where any such third parties do not have an account with us and have not paid for the services themselves; and
8.1.9 you own all rights, including the Intellectual Property Rights, in your User Content (as defined below), and your User Content does not infringe the Intellectual Property Rights, privacy rights and/or other legal rights of any third parties.
8.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service by you (or any portion thereof).
8.3 You may not access or use the Service for any purpose other than that for which we make the Service available.
8.4 The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
8.5 As a user of the Service, you agree not to:
8.5.1 systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
8.5.2 make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
8.5.3 use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
8.5.4 make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
8.5.5 use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
8.5.6 use any proprietary information, any of our interfaces or our other Intellectual Property Rights in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
8.5.7 circumvent, disable, or otherwise interfere with the security-related features of the Service;
8.5.8 engage in unauthorised framing of or linking to the Service;
8.5.9 interfere with, disrupt, or overload the Service or the networks or services connected to the Service;
8.5.10 decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
8.5.11 attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
8.5.12 upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs;
8.5.13 use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorised script or other software;
8.5.14 use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
8.5.15 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
8.5.16 use the Service in a manner inconsistent with any applicable laws or regulations, or otherwise infringe these Terms;
8.5.17 harass, threaten, or otherwise violate the rights of the Trainers or other users of the Service;
8.5.18 use the App to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
8.5.19 use the App to transmit unsolicited commercial messages or "spam"; or
8.5.20 use the App to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
9. FEES
9.1 Pay-As-You-Go Model: the fees for using our App are based on a pay-as-you-go model. Users will be charged for specific services (such as Workouts) or features they choose to access within the App (“Fees”).
9.2 The Fees: the Fees will be displayed on our App and will be visible prior to making a purchase. All Fees are in GBP and are exclusive of applicable taxes, unless otherwise specified.
9.3 If we discover an error in our Fees after your order is processed, we will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel these Terms, if this happens. If we inform you of such an error and you do wish to cancel these Terms, please refer to condition 10.
9.4 If the price of a Workout that you have ordered changes between your order being placed and us processing that order and taking payment, you will be charged the price shown on the App at the time of placing your order.
9.5 Payment Structure: the Fees will be processed at the time of usage or selection, and the applicable Fees will be deducted from the user's registered payment method with Stripe, which is integrated into the App.
9.6 Changes in Fees: we reserve the right to modify our Fee structure, including charges for services and features, at our discretion. Users will be notified in advance of any changes to the Fees, in accordance with the methods set out in condition 3 above.
9.7 Refunds and Cancellations: we have refund and cancellation policies in place for specific circumstances, which will be applied in accordance with condition 10.
9.8 We may offer special offers or discounts on the App for a limited period of time. We will provide details of those offers or discounts in the App, via our website, via our social media channels or by email, plus any additional terms and conditions that will apply.
9.9 We reserve the right, in our absolute discretion, to:
9.9.1 modify or terminate any offer or discount and/or your access to the Service during the offer or discount, if you breach any of our Terms; and/or
9.9.2 limit your ability to take advantage of multiple offers or discounts.
10. REFUNDS AND CANCELLATION
10.1 As a consumer, you have a legal right to a “cooling-off” period within which you can cancel these Terms for any reason, including if you have changed your mind, and receive a refund.
10.2 The cooling off period begins once we have sent you your booking/payment confirmation (i.e. when the contract between you and us is formed) (“Confirmation”) and ends when you access (e.g. download or stream) any Workout, or 14 calendar days after the date of Confirmation, whichever occurs first.
10.3 After the cooling-off period, you may cancel a Workout in accordance with the remainder of this condition.
10.4 If you cancel a Workout which you have booked and paid for:
10.4.1 more than 24 hours prior to the workout start time (“Start Time”), the cancellation will incur no charges for you and you will receive a 100% refund of the Fee for the Workout cancelled; or
10.4. 24 hours or less prior to the Start Time, we will retain 100% of the Fee paid by you for the Workout.
10.5 If a Workout booked and paid for by you is cancelled by:
10.5.1 the Trainer, you will receive a 100% refund of the Fee for the cancelled Workout; or
10.5.2 us, you will receive a 100% refund of the Fee for the cancelled Workout.
10.7 If you wish to exercise your right to cancel under this condition 10, you may inform us via the process in the App or via the process set out in any email communication.
10.8 Refunds under this condition 10:
10.8.1 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform us that you wish to cancel; and
10.8.2 will be made using the same payment method that you used when purchasing the Workout.
11. YOUR PRIVACY AND PERSONAL DATA
11.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and the supervisory authority in the event you have a query or complaint about the use of your personal information.
11.2 Our Privacy Policy is available at: https://www.buttn.com/privacypolicy .
11.3 We may record Workouts or exercises that you take part in on the App, for the purposes of checking the quality of the Trainer’s instruction.
12.1 You may terminate your use of the App at any time by providing written notice to us by utilising the App's designated termination or cancellation functionality.
12.2 The Company reserves the right to terminate or suspend your access to the App, in our sole discretion, without prior notice, if you breach any provision of these Terms, violate applicable laws, or engage in any conduct or behaviour deemed detrimental to the App's community or operations.
12.3 Upon termination by either the User or the Company:
12.3.1 your access to the App will cease immediately;
12.3.2 you must cease all use of the App and delete the App from your devices;
12.3.3 any outstanding payments or obligations owed to the Company shall remain due and payable;
12.3.4 the conditions of these Terms that, by their nature, should survive termination, shall remain in full force and effect; and
12.3.5 you understand that the obligations and the rights of the Company, which by their nature should survive termination, will survive the termination of your use of the App.
12.4 If you wish to no longer use the App, you may delete your Account and your data by selecting the appropriate button and functionality in the App. For the avoidance of doubt, simply deleting the App from your devices does not mean that you have deleted your Account.
12.5 The Company shall not be liable to you or any third party for any termination or suspension of access to the App, and you waive any claims or rights against the Company arising from such actions.
12.6 You acknowledge and agree that termination of your access to the App may result in the automatic deletion of certain data, features, or functionality, and the Company shall not be responsible or liable for any such loss.
12.7 In the case of Account inactivity for a specified period, as determined by the Company's policies, the Company reserves the right to deactivate or terminate a user's Account.
12.8 In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress for your activities during the time you used the Service for which you may be held liable, even after any expiration or termination of these Terms (within the limitation period in applicable laws).
13.1 We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you.
13.2 We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
13.3 We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
13.4 You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
13.5 Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
There may be information in the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other pieces of information. Subject to conditions 9 and 10, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the Service at any time, without prior notice.
15.1 The Service, the materials and content on the Service, and any product or service obtained through the Service is provided on an “as-is” and “as-available” basis. You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we exclude all warranties, express or implied, in connection with the Service and your use thereof.
15.2 We make no warranties or representations about the accuracy or completeness of the Service’s materials or the content of any websites linked to the Service and we will assume no liability or responsibility for any:
15.2.1 errors, mistakes, or inaccuracies of content and materials;
15.2.2 personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, with the exception of due to our negligence or where such exclusion is not permitted by applicable law;
15.2.3 any interruption or cessation of transmission to or from the Service;
15.2.4 any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party; and/or
15.2.5 any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.
15.3 The information on the Service or otherwise is provided with the understanding that neither we nor users of the Service, are engaged in rendering legal, medical, counseling or other professional services or advice. We encourage you to seek appropriate professional advice or care for any situation or problem which you may have.
15.4 You understand and agree that any material or information downloaded or otherwise obtained through the use of the Service is done at your own risk and that you will be solely liable for any damage arising from doing so. No advice or information whether spoken or written, obtained by you from us or through the Service will create any warranty not expressly made in these Terms.
15.5 We are not liable for any injury or harm sustained to you as a direct result of the exercises provided by the Trainers, except where we cannot exclude our liability by law.
15.6 You should always use common sense and seek the guidance of a medical professional before undertaking any form of online exercise or physical activity.
15.7 The exercises shown by the Trainers may be physically strenuous and you agree that you voluntarily participate in using the Workouts with full knowledge that even if we and the relevant instructor are not negligent there is an inherent risk of personal injury or illness arising from your participation in any exercise program and use of specialist equipment.
15.8 You acknowledge and agree that certain Workouts may be unsuitable for you if you have any medical, health or fitness problem or condition.
15.9 You must ensure that you are fit and well enough to participate in any exercises, and you will, at all times, be responsible for your own state of health, physical condition and wellbeing.
15.10 You warrant that you have no health or fitness problems (including, but not limited to heart problems or heart irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or allergy) which may affect your participation in any exercises or Workouts.
15.11 It is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in the exercises or Workouts, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.
15.12 You understand that, from time to time, the Trainers may suggest physical adjustments, or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
16.1 We, and our affiliates, officers, directors, employees, agents, partners, contractors and licensors, shall not be liable for any direct, indirect, incidental, special, or consequential loss, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
16.1.1 the use or inability to use the Service;
16.1.2 ny unauthorised access to or alteration of your transmissions or data;
16.1.3 any conduct or content of any third party on the Service; and
16.1.4 any unauthorised access, use, or alteration of your content.
16.2 Subject to condition 16.3, regardless of the basis of liability (contract, warranty, tort, or other), our total liability arising out of or related to the Service shall not exceed the amount paid by you, if any, for accessing the Service during the 6 months preceding the claim.
16.3 Nothing in these Terms seeks to limit or exclude our liability for:
16.3.1 death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors);
16.3.2 fraud or fraudulent misrepresentation; or
16.3.3 Workouts which are not as described, do not match information that we provided, are not of satisfactory quality, or are not fit for any purpose made known to us.
16.4 Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
16.5 The limitations and exclusions of liability in this condition apply to the maximum extent permitted by applicable law.
17. INDEMNIFICATION
17.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, due to or arising out of:
17.1.1 your use of the Service;
17.1.2 your breach of these Terms;
17.1.3 any breach of your representations and warranties set forth in these Terms; or
17.1.4 your infringement of the rights of a third party, including but not limited to, Intellectual Property Rights.
17.2 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. INTELLECTUAL PROPERTY RIGHTS
18.1 Ownership: all Intellectual Property Rights relating to the Service, including, but not limited to, software, designs, logos, trade marks, content, databases, text, images, compilations (meaning the collection, arrangement and assembly of information), data, other content, and materials displayed on the Service or used by the Company to operate the Service (excluding any User Content, as defined below) and any other material or information, whether registered or unregistered are the exclusive property of the Company or its licensors.
18.2 Licence to Users: by using the App, you are granted a limited, non-exclusive, non-transferable, revocable licence to access, install and use the App, solely on your own device (e.g., iPhone, Android, etc. as applicable) for personal, non-commercial purposes. You agree not to reproduce, distribute, modify, or create derivative works based on the App without explicit written permission from us.
18.3 User Content: users may submit or upload content (e.g., reviews, comments, images) to the App. By doing so, users grant to the Company a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, adapt, publish, translate, distribute, and display such content in connection with the App and its marketing, without any obligation to compensate or notify the user.
18.4 Copyright Infringement: we respect Intellectual Property Rights and we expect users to do the same. If users believe their copyrighted work has been infringed upon through the use of the App, they should notify us promptly with sufficient evidence of ownership. We will investigate such claims and take appropriate actions, which may include removing the infringing content or terminating the accounts of repeat infringers.
18.5 Third-Party Rights: users acknowledge that the App may contain content or materials owned by third parties, for example, by the Trainers. All third-party Intellectual Property Rights, materials and content are the property of their respective owners. The use of such materials within the App does not imply endorsement, sponsorship, or association with us, and users agree to comply with any third-party rights when using the App.
18.6 Reservation of Rights: except where permitted in accordance with this condition 18, nothing in these Terms grants users any rights to use the Company's or third parties' Intellectual Property Rights without express written consent. The provision of the Service does not transfer to you or any third-party any rights, title or interest in or to such Intellectual Property Rights.
18.7 Updates and Modifications: we reserve the right to update, modify, or discontinue any aspect of the App, including its features, content, or functionality, at any time without prior notice.
18.8 he information you submit to us, and any data, text and other material that you may submit or post to the Service (“User Content”) remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
18.9 You agree, represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing licence, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
18.10 For the purposes of these Terms, “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, know-how and all other Intellectual Property Rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
19.1 These Terms do not apply to customers purchasing Workouts and accessing the App in the course of any business trade, craft or profession carried on by either them or any other person/organisation.
19.2 These Terms, any documents or agreements referred to by us in these Terms and any policies or operating rules posted by us in the Service constitute the entire agreement and understanding between you and us.
19.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
19.4 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
19.5 If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
19.6 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service.
19.7 We may transfer or assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of our rights and obligations under the Terms (unless otherwise is expressly indicated).
20.1 These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.1 We always welcome feedback from our Clients/users and, while we always use all reasonable endeavours to ensure that your experience is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
21.2 If you wish to complain about any aspect of your dealings with us or the Trainers, please contact us by email, addressed to support@buttn.com.
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: support@buttn.com.
Last updated: March 25th 2024